Page images
PDF
EPUB

provisional specification. The attachment of the saddle-base to the pillar was thus described:- 1

"In the fittings part of my invention-to wit the means of connecting the saddle to a vertical pillar, or an upright carried by the framing of a machine-I proceed in the manner following :—

"I take a divided clip, or a clip made of two sectional parts, with the wings or branched extensions upon one side of them pierced horizontally and through which a pivot-pin passes. The wings at the other side have formed through them radial slots, struck from the centre of the beforenamed pivot-pin, upon which the said clip turns as a centre of motion.

"Directed horizontally through the radial slots is a cross-pin, alike unto the before-named pivot-pin, and which said cross and pivot pins are slotted at their ends, wherein concave-faced bearing-blocks take, and with the said concaves presented outwards. Fitted within the ends of the slots are also closure or cottar washers with concaved or other seats presented innermost. "Taking upon the extreme ends of the said cross and pivot pins come screw-nuts, and between the bearing-blocks and the closure or cottar washers come the framing-rods, and by the screwing up of the nuts the said framing-rods, which lie within the slots cut within the pins, and between the bearing-blocks or washers, are rigidly affixed in position, and at the same time, the sectional clamp is closed around the upright pillar, and the saddle secured in its desired position, which is adjustable vertically for tilting by the cross-pin taking through the radial slots, whilst the whole is adjustable horizontally on the screwing-up parts being loosened.

"Thus, tilting and horizontal adjustments are made by adjusting and sliding the parts into such positions as may be required upon the framerods. This done, then screw up the parts, when the necessary affixing of both saddle to its pillar and framing to the connection-clip is performed."

The complete specification gave a full description of the details of the invention with diagrams. After describing the invention shown in Figs. 4, 5, 6, and 7 in detail, an alleged modification was thus introduced :

"In the modified forms of clip comprehended under Figs. 8, 9, and 19, 114 is a loop or ring body part, with opposite and screwed trunnion-like ends or pins, ¿, and with opposite and horizontal side-gaps or middle clearances, ¿13, extending on both sides from trunnion to trunnion, or nearly so, and embraced by sectional or compound and adjustable clip parts, i1, 2, taking upon the body part of the said ring-clip, and also having end clearances, ¿1, wherethrough the trunnion ends and also the adjacent portions of the loop i1 extend, and through the gaps adjacent to the said trunnions,

[ocr errors]

Only a portion of the provisional is here given. The references to the diagrams of the complete are here inserted merely to facilitate the reader. There were no diagrams with the provisional specification. A part of Fig. 1 is given to aid in illustrating Fig. 4. Fig. 4 shows a vertical section, the saddle being tilted by the clip being raised or lowered on the right, the left pin being the fulcrum. Fig. 5 shows a horizontal section through AB of Fig. 4 ; the frame-rods ff passing through the slotted pins, thus allowing of horizontal adjustment. Fig. 6 is a vertical section along CD of Fig. 5, showing the frame-rods ƒ screwed into position. Fig. 7 shows the slotted pin by which this is effected.

412

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

Portions of diagrams from Brooks's specification (No. 22608 of 1892).
The modification in Figs. 8, 9, and 10 constituted disconformity.

[ocr errors]

29

frame-rods, ƒ, pass, and lie within opposed bearings, 17, 18, formed within the sectional clip parts 1, 22, and threaded washers 7, whilst the whole of the parts are drawn together by the nuts, taking upon the screwed trunnion-like ends, and by such drawing up the sectional parts are closed, the frame-rods, ƒ are clamped between the opposed clamping surfaces, hence the connection of the boss or clip to the framing, and at the same time the sectional parts i1, are drawn upon the pillar j.

"Instead of the cross-pins

their ends, &c."

The last four claims were :—

in Figs. 4, 5, 6, and 7 being slotted at

"Fourthly :-In a saddle-frame and seat-pillar boss connection, consisting of sectional and clip parts adapted to embrace the pillar and to be drawn together by cross-pins, wherein or around which the seatings of opposed clamping washers or plates or their equivalents take or come and grip the frame-rods, so that on the screwing up of nuts or their equivalents upon the ends of the pins the frame-rods of the saddle are clamped to the connection, and at the same time the connection or boss to the seat-pillar or other support, substantially as described and set forth.

"Fifthly:-In seat-pillar bosses or like connections or clamping means, consisting of an inner ring body-part, having trunnion or screw pins at its two opposite sides, and internal clearances made through the ring, and which ring is embraced by section pillar-clips, having frame-rod seatings upon the two opposite sides and with seating-washers or rod-clamping plates with opposed rod-seatings coming opposite them, substantially as described and set forth.

"Sixthly :-The improvements in the general construction, arrangement, and combination of the parts of seat-pillar bosses, substantially as described and set forth in Figs. 4, 5, 6 and 7.

"Seventhly :-The improvements in the general construction, arrangement, and combination of the parts of seat-pillar bosses substantially as described and set forth in Figs. 8, 9 and 10."

Amongst other objections raised to the validity of this patent was that of "disconformity," consisting of the introduction of the device shown in Figs. 8, 9 and 10, which were alleged not to come within the provisional specification.

At the trial it was held that the device in question was a fair development of the method disclosed in the provisional.

On appeal to the Court of Appeal this decision was reversed.

Per Smith, L.J. (at p. 50): “It is said that this is a mere modification of the arrangement described in the provisional specification, and not in any sense a new invention. We cannot so regard it. It preserves, it is true, the possibility of lateral adjustment by drawing the framing-rods through the bearings when the nuts are loose; but this is common to every arrangement whereby framing-rods are held in position by the action of nuts upon washers. But it entirely abandons what we regard as the special object and feature of the combination, namely, the method of tilting the

saddle and holding it in its place by the operation of winged and slotted clips and two pins, one acting as a pivot, the other affording the means of fixing it in the desired position in the slotted wings. A ring which embraces the vertical pillar, and so being incapable of pivoting, makes it impossible for the frame-rods which pass through the gaps in it to be tilted, seems to us in no sense a development of the former arrangement. . . . We think that in dealing with patents for special arrangements of very familiar mechanical means, such as pins, washers, clips, or gripping-cheeks, nuts, &c., it is necessary to scrutinize the invention claimed with some nicety. By straining the doctrine of mechanical equivalents a patent for a particular combination of well-known appliances for fastening the framing rods of a saddle to a vertical pillar might be made to cover almost any other combination. . . . "It seems to us to be a different means of accomplishing a different end, namely, the rigid attachment of an untiltable saddle to the vertical pillar, and therefore outside the provisional specification."

1898. THE GORMULLY & JEFFERY MANUFACTURING Co. v. NORTH BRITISH RUBBER Co., 15 R. P. C. 245.

Construction-Nature of Real Invention-Alleged Anticipation.

A patent (No. 16783 of 1890) was granted to W. E. Bartlett for "improvements in tyres or rims for cycles and other vehicles."

The complete specification was as follows:

"This invention relates to tyres which consist of a flat endless band of indiarubber wider than the dovetailed groove into which it is inserted, so that it assumes an arched form when in place. I introduce between the arched outside tyre and the circular bottom of the metal rim a tube constructed of cloth and indiarubber provided with a branch for filling it with compressed air. By this arrangement the outer band-tyre may be reduced in thickness, and while assisting in sustaining the pressure (from weight) on the outer band, the lateral pressure of the inside air-tube will press its edges tightly against the dovetailed flanges of the metal rim, and thus be effective in holding it more firmly against the flanges of the metal rim at the momentarily bearing part of the tyre. It will be obvious that one advantage of this arrangement is that successive outside bands or tyres can be renewed from time to time without the necessity of wasting the tubular air-chamber between it and the metal rim, and thus greater economy will be attainable. It will be generally most convenient to have the filling-tube of the tubular airchamber projecting from the surface of the tubular air-chamber resting on the metal rim, in which a hole is bored through which to pass the fillingtube.

"Where thin outer tyres are used I slightly thicken their edges where they lie inside the trough."

"DESCRIPTION OF THE DRAWINGS.

"Figs. 1 and 2 are transverse sections of wheels made according to my invention; a is the outer tyre of indiarubber or other elastic material, b is

[blocks in formation]

From Bartlett's specification, with addition of words in

Fig. 1 indicating defendant's theory of the action of the tyre.

a metal tyre or rim, c is an air-tight tubular chamber, and d is the fillingtube."

The claims were:

"(1) The combination of a grooved rim or metal tyre, and an arched tyre of indiarubber or other flexible material held in the groove by the pressure of an inflated tube

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

This was an action for infringement. One form of the alleged infringement is shown in Figs. 3 and 4, in which a is the outer cover, the rim, the inner air-tube (rubber alone), e, thickened lugs projecting into and held by

« PreviousContinue »